South Bend judge stands by juror court orders

February 23, 2011|MARY KATE MALONE | Tribune Staff Writer

SOUTH BEND -- A local judge facing some criticism for his decision to call more than 700 people to court for not fulfilling jury responsibilities said he is acting to preserve the constitutional right to a trial by jury.

Last week, St. Joseph Superior Court Judge Michael Scopelitis ordered 711 people to come to court -- or risk arrest -- for not filling out jury questionnaires sent to them by mail in October.

Since Monday, Scopelitis has learned that a handful of them did, in fact, turn in their questionnaires, and that others are away at college or working in another state.

Still, he said, those people need to show proof that they are working or studying out of state. They will be granted deferments until a time when they are available and will not be required to come to the hearings on March 3 and 4, the judge said.

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But for those who ignored the form, Scopelitis said, the order still stands.

"Some people complain this is too much government, that this is some totalitarian state. ... If this jury system were to collapse, we could probably kiss a lot of our rights goodbye," he said. "There are many situations where a jury is the only thing standing between a citizen and government. Nowhere is that more true than in criminal cases."

Seven sheriff's deputies served the orders to each person, and the orders were also sent through the U.S. Postal Service.

The cost of compiling and sending the orders, plus organizing staff for the hearings on March 3 and 4, will be several thousand dollars, Scopelitis said.

One resident, who received one of the orders, said they are a waste of taxpayer money. The resident, Rocco, asked that his last name not be used to protect his reputation.

He said he turned in his questionnaire and should not be required to go to court.

"It's totally unfair to us," he said. "In tough economic times he's going to make 711 people not go to work, just to come in so he can scold us?"

Scopelitis' decision has also unleashed a flurry of comments on the Tribune and WSBT's websites and Facebook pages, but many of them are positive.

"I'm glad to hear this...it's about time that our courts get tough, people get away with way too much these days," Emily Ballard Nelson posted on Facebook. "It isn't that hard to return a piece of paper, I have done it several times."

Scopelitis said if people turned in their questionnaires in late January, after officials compiled the list of non-responders, they may have still gotten the court order. He said those people should call the courthouse and officials will check if they did, in fact, turn it in.

If so, they will be exempt.

The county sends out 4,000 one-page questionnaires every two months to generate jury pools. Based on the responses, officials create pools of people from which jurors are drawn.

The county gets the names from the Bureau of Motor Vehicles records and tax records, Scopelitis said.